People v. Ortiz CA4/2

statement of the case, and identifying three potentially arguable issues: (1) whether the

trial court erred in disregarding the codefendant’s confession to being the actual killer in

finding defendant prima facie ineligible for relief; (2) whether the court erred in

concluding the jury’s true finding on the personal use of a firearm causing death

enhancement foreclosed defendant from relief as a matter of law; and (3) whether the

court prejudicially erred in holding the hearing in defendant’s absence.

Defendant was offered the opportunity to file a personal supplemental brief, which

he has done. Defendant contends the court erred in denying his petition because he

(1) was not the actual killer; (2) did not, with the intent to kill, aid and abet the actual

killer in the commission of the murder; and (3) was not a major participant in a felony

acting with reckless indifference to human life. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND2

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 On the court’s own motion, we take judicial notice of our prior nonpublished opinion from defendant’s previous appeal. (People v. Ortiz et al. (Mar.…